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Employer Liability Issues Facial Recognition Technology

Fisher Phillips

AI Programs in Japan are Forcing Workers to Smile More – Would That Work in the U.S.?

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A Japanese supermarket chain is getting attention for implementing an AI tool called “Mr. Smile” that monitors workers for the quality and quantity of their smiles when interacting with customers, raising questions around the...more

Miller Nash LLP

From Fingerprints to Facial Recognition: Employer Responsibilities for Biometric Data

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Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more

Littler

Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

Littler on

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...more

Sheppard Mullin Richter & Hampton LLP

ICO Has Concerns Over Facial Recognition Use

Earlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office found that the...more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Littler

BIPA’s Devastating Effects on Illinois Businesses

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As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more

Epstein Becker & Green

[Virtual Briefing] Achieving Legal Compliance in AI: Minimizing Bias in Algorithms - June 29th, 1:00 pm - 3:30 pm ET

We’ve all heard troubling stories involving emerging tools powered by artificial intelligence (AI), in which algorithms yield unintended, biased, or erroneous results. Here are a few examples: - A monitoring tool for...more

Shook, Hardy & Bacon L.L.P.

New Year, Same BIPA

Last Friday saw what has become an all too common sight in Springfield, Illinois—the end of another legislative session without Biometric Information Privacy Act (BIPA) reform. Going into the end of the session, hopes were...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 3, March 2023

Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more

Felicello Law PC

Artificial Intelligence: Buckle up for a Bumpy Ride

Felicello Law PC on

Artificial intelligence (AI) and machine learning applications like ChatGPT are the hot new technologies expected to changes our lives fundamentally. Taking the human element out of monotonous tasks promises to increase...more

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more

Foley & Lardner LLP

BIPA Alert: Potential Billion Dollar Exposure for Companies Operating in Illinois under New Illinois Biometric Data Rulings

Foley & Lardner LLP on

In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act (BIPA). The...more

Franczek P.C.

Illinois Supreme Court Doubles Down on Liability for BIPA Claims

Franczek P.C. on

On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more

Polsinelli

Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages...

Polsinelli on

In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more

Levenfeld Pearlstein, LLC

Jury Awards Plaintiffs $228 Million in Illinois Biometrics Class Action

In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more

FordHarrison

The Clear and Present Danger of Not Complying with Biometric Privacy Laws

FordHarrison on

Outside of Hollywood, employers have used biometrics to limit access to sensitive information and secure areas for a number of years. As costs of implementing the technology decreased and the technology became more...more

McDermott Will & Emery

Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions

Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony...more

Epstein Becker & Green

Employers Take Heed: Follow Illinois Biometric Privacy Rules or Risk a Losing Battle

Epstein Becker & Green on

Employers in Illinois who collect, use, or retain their employees’ biometric data—personal information such as fingerprints or facial or voice recognition—need to be aware of a recent legal development....more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Rules BIPA Claims Are Not Preempted by the Illinois Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, ruling that statutory violations of the Illinois Biometric Privacy Act (“BIPA”)...more

Quarles & Brady LLP

Biometric Information Privacy Update: New Illinois Appellate Ruling Expands Temporal Recovery Period and Suggests Enhanced Damage...

Quarles & Brady LLP on

The Illinois First District Appellate Court threw employers a curveball when it recently held that different statutes of limitations apply to various sections of Illinois' Biometric Information Privacy Act, 740 ILCS §14/...more

Neal, Gerber & Eisenberg LLP

Attention Employers: Illinois Appellate Court Applies One-Year and Five-Year Limitation Periods for Biometric Privacy Claims

On September 17, 2021, the Illinois Appellate Court for the First Judicial District issued its highly anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563, ruling that the applicable statute of...more

Robinson+Cole Data Privacy + Security Insider

Keep Biometric Information Laws on the Radar for Compliance

Ever since the enactment of the Illinois Biometric Information Privacy Act (BIPA), we have been watching the development of laws around the collection, use, disclosure and retention of biometric information....more

Fisher Phillips

The Legal Minefield Surrounding Biometrics In The Workplace

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The use of biometric-enabled devices has become ubiquitous in the modern workplace. Biometric time clocks offer employers an accurate and reliable way to track employees’ hours, while increasing accountability. Biometric...more

Proskauer - Law and the Workplace

Maryland Employers: New Employment Laws Become Effective October 1, 2020

As we previously reported, earlier this year Maryland passed a number of employment laws that, among other things, prohibit use of facial recognition technology, wage history inquires and hairstyle discrimination, and revise...more

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